[Federal Register Volume 71, Number 31 (Wednesday, February 15, 2006)]
[Notices]
[Pages 8016-8018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2104]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53255; File No. SR-NASD-2006-009]


Self-Regulatory Organizations; National Association of Securities 
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed 
Rule Change Relating to the Extension of the Fee Pilot for National 
Quotation Data Service

February 8, 2006.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on January 24, 2006, the National Association of Securities Dealers, 
Inc. (``NASD''), through its subsidiary, The Nasdaq Stock Market, Inc. 
(``Nasdaq''), submitted to the Securities and Exchange Commission 
(``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by Nasdaq. Nasdaq has 
designated this proposal as one establishing or changing a due, fee, or 
other charge imposed by the self-regulatory organization under section 
19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder,\4\ 
which renders it effective upon filing with the Commission. The 
Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    Nasdaq proposes to re-establish through December 29, 2006, a pilot 
program under NASD Rule 7010(h), which reduced from $50 to $10 the 
monthly fee that non-professional users pay to receive National 
Quotation Data Service (``NQDS''). Nasdaq is simultaneously filing a 
separate rule proposal to re-establish the same pilot program 
retroactively through September 1, 2005, the date the pilot 
inadvertently was permitted to lapse.

[[Page 8017]]

The text of the proposed rule change is below. Additions are 
italicized; deletions are [bracketed].\5\
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    \5\ Changes are marked to the rule text that appears in the 
electronic NASD Manual found at http://www.nasd.com. Prior to the 
date when The Nasdaq Stock Market LLC (``Nasdaq LLC'') commences 
operations, Nasdaq LLC will file a conforming change to the rules of 
Nasdaq LLC approved in Securities Exchange Act Release No. 53128 
(January 13, 2006).
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* * * * *

7010. System Services

    (a)-(g) No Change.
    (h) National Quotation Data Service (NQDS)
    (1) Except as provided in subparagraph (2) of this section, the 
charge to be paid for each interrogation or display device receiving 
all or any portion of the information disseminated through the NQDS 
shall be $50.00 per month. The NQDS information that will be provided 
through service consists of individual market maker quotations, Nasdaq 
Level 1 Service and the Last Sale Information Service.
    (2) For a pilot period ending December 29, 2006, [T]the charge to 
be paid by a non-professional for each interrogation or display device 
receiving all or any portion of the NQDS information disseminated 
through an authorized vendor shall be $10.00 per month.
    (3) A ``non-professional'' is a natural person who is neither:
    (A) Registered or qualified in any capacity with the Commission, 
the Commodities Futures Trading Commission, any state securities 
agency, any securities exchange or association, or any commodities or 
futures contract market or association;
    (B) Engaged as an ``investment adviser'' as that term defined in 
section 201(11) of the Investment Advisors Act of 1940 (whether or not 
registered or qualified under that Act); nor
    (C) Employed by a bank or other organization exempt from 
registration under federal or state securities laws to perform 
functions that would require registration or qualification if such 
functions were performed for an organization not so exempt.
    (i)-(w) No Change.
* * * * *

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, Nasdaq included statements 
concerning the purpose of, and basis for, the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. Nasdaq has prepared summaries, set forth in sections A, 
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Nasdaq proposes to re-establish for one year the fee reduction 
pilot program under NASD Rule 7010(h) that reduced from $50 to $10 the 
monthly fee that non-professional users pay to receive NQDS.
    NQDS delivers market maker quotations, Nasdaq Level 1 \6\ service 
(including calculation and display of the inside market), and last sale 
information that is dynamically updated on a real-time basis. NQDS data 
is used not only by firms, associated persons, and other market 
professionals, but also by non-professionals who receive the service 
through authorized vendors, including, for example, on-line brokerage 
firms. Prior to August 31, 2000, NQDS data was available through 
authorized vendors at a monthly rate of $50 for professional and non-
professional users alike. In August 2000, the NASD through Nasdaq filed 
a rule change to reduce from $50 to $10 the monthly fee that non-
professional users pay to receive NQDS data.\7\ The Commission approved 
the pilot on August 22, 2000, and the fee reduction commenced on August 
31, 2000 on a one-year pilot basis.\8\ On September 5, 2001, August 29, 
2002, August 15, 2003, and August 20, 2004, Nasdaq filed proposed rule 
changes to extend the pilot for additional one-year periods.\9\
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    \6\ Pursuant to NASD Rule 7010(e), Nasdaq separately distributes 
Level 1 data to non-professionals for a monthly fee of $1.00.
    \7\ See Securities Exchange Act Release No. 43190 (August 22, 
2000), 65 FR 52460 (August 29, 2000) (notice of filing and order 
granting accelerated approval of NASD-00-47).
    \8\ Id.
    \9\ See Securities Exchange Act Release Nos. 44788 (September 
13, 2001), 66 FR 48303 (September 19, 2001); 46446 (August 30, 
2002), 67 FR 57260 (September 9, 2002); 48386 (August 21, 2003), 68 
FR 51618 (August 27, 2003); and 50318 (September 3, 2004), 69 FR 
54821 (September 10, 2004).
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    Nasdaq has consistently supported broad, effective dissemination of 
market information to public investors. Thus, Nasdaq is proposing to 
re-establish the fee-reduction pilot for the remainder of 2006. The 
pilot would cover the period from January 24, 2006, through December 
29, 2006. Nasdaq notes that the existing pilot reduced by 80% the fees 
that non-professionals paid for NQDS data prior to August 31, 2000. 
Continuing the reduction of NQDS for non-professional users 
demonstrates Nasdaq's continued commitment to individual investors and 
responds to the dramatic increase in the demand for real-time market 
data by non-professional market participants. In addition, NASD member 
firms often supply real-time market data to their customers through 
automated means. Thus, NASD member firms' customers would benefit from 
the continued fee reduction.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with 
section 15A of the Act,\10\ in general, and furthers the objectives of 
section 15A(b)(5) of the Act,\11\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees, and other 
charges among members and issuers and other persons using any facility 
or system which the Nasdaq operates or controls, and it does not 
unfairly discriminate between customers, issuers, brokers, or dealers. 
Nasdaq also believes that the fee reduction enhances the public's 
access to market data that is relevant to investors when they make 
financial decisions and encourages increased public participation in 
the securities markets.
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    \10\ 15 U.S.C. 78o-3.
    \11\ 15 U.S.C. 78o-3(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will result 
in any burden on competition that is not necessary or appropriate in 
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants or Others

    Written comments on the proposed rule change were neither solicited 
nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change was filed pursuant to section 
19(b)(3)(A)(ii) of the Act \12\ and Rule 19b-4(f)(2) thereunder,\13\ 
because it establishes or changes a due, fee, or other charge imposed 
by the self-regulatory organization.
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule 
change, the

[[Page 8018]]

Commission may summarily abrogate such rule change if it appears to the 
Commission that such action is necessary or appropriate in the public 
interest, for the protection of investors, or otherwise in furtherance 
of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to [email protected]. Please include 
File Number SR-NASD-2006-009 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASD-2006-009. This file 
number should be included on the subject line if e-mail is used. To 
help the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for inspection and 
copying in the Commission's Public Reference Room. Copies of such 
filing also will be available for inspection and copying at the 
principal office of Nasdaq. All comments received will be posted 
without change; the Commission does not edit personal identifying 
information from submissions. You should submit only information that 
you wish to make available publicly. All submissions should refer to 
File Number SR-NASD-2006-009 and should be submitted on or before March 
8, 2006.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6-2104 Filed 2-14-06; 8:45 am]
BILLING CODE 8010-01-P